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Pennsylvania governor announces disbursal of small business grants, opening of second funding round
On August 10, the Pennsylvania governor announced that $96 million in state grants have been awarded to small businesses impacted by Covid-19 through the Covid-19 Relief Statewide Small Business Assistance fund. The announcement notes that the second and final round of funding has opened and will run through August 28. Eligible applicants that did not receive funding in the first round do not need to reapply and will be considered in the second round. The grants may be used to cover operating expenses during the shutdown and transition to re-opening, including for technical assistance and training related to the stabilization and reopening of businesses.
Pennsylvania governor authorizes state agencies to conduct remote administrative proceedings
On July 10, the Pennsylvania governor signed an executive order authorizing state agencies to conduct administrative proceedings remotely. State executive and independent agencies are authorized to (i) limit in-person access to administrative proceedings to protect the health and safety of agency personnel and members of the public and (ii) use video, telephonic, or other online conferencing equipment or services to conduct administrative hearings without the consent of the parties, at the discretion of the presiding officer or hearing examiner. The agencies must establish procedures for conducting in-person, video, and telephonic administrative hearings and publish them on the agency webpage. The order will remain in effect until the disaster emergency expires or is terminated.
Pennsylvania governor issues order staying certain foreclosure and eviction actions
On July 9, the Pennsylvania governor issued an order staying requirements for certain actions related to the dispossession of property. The order stays notice requirements under Act 6 and Act 91 for the initiation of foreclosure actions between July 10 and August 31. The order also stays notice requirements under the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act for the same period. These suspensions only apply to matters involving nonpayment and proceedings related to the removal of tenants who have held over or exceeded the term of the lease, and do not apply to requirements relating to evictions for other breaches. Further, the order does not apply in certain instances set forth therein, including for federally-backed loans for which the moratorium on foreclosures and evictions has been extended until August 31, 2020, by the VA, USDA, FHA, and FHFA.
Pennsylvania authorizes real estate businesses to commence in-person operations
On May 19, the Pennsylvania governor issued a revised executive order permitting all businesses in the real estate industry to commence in-person operations, and the Department of Health made corresponding revisions to previous orders to implement the change. Concurrently, the Pennsylvania Department of State issued guidance to the real estate industry, which contains requirements for conducting in-person operations in a manner that protects the health of customers and employees.
Pennsylvania State Department permits live streaming of real estate classes
On May 6, the Pennsylvania Department of State announced that it waived the requirement that real estate professionals attend certain required pre-licensing and continuing education courses in person. Such courses may now be live-streamed.
Pennsylvania State Department extends deadlines for notaries
On May 6, the Pennsylvania Department of State extended deadlines for appointed notaries to get sworn in, record a bond, oath and commission with the Recorder of Deeds, and register their signatures with the Prothonotary’s office. Previously, all such actions were required to occur within 45 days of the appointment. The Department of State provided an additional 30 days.
Pennsylvania State Department extends appraiser testing deadlines
On May 4, the Pennsylvania Department of State announced that it extended the deadline for individuals whose applications to become certified real estate appraisers have been approved to take and pass the appraiser certification examination. Previously, approved applicants had one year to take and pass the examination. The department waived the one-year limitation for applicants whose one-year approval is in danger of expiring due to the closure of testing sites. Impacted applicants now have two years to sit for the examination.
Pennsylvania extends stay-at-home order, issues guidance for limited reopening in some counties
On May 1, the Bureau of Occupational and Professional Affairs issued a statement regarding phased reopening of Pennsylvania. For all “red’ counties, the March 19 stay-at-home order was extended until June 4, 2020. In counties designated as being in the yellow phase of reopening, most businesses, including non-essential businesses, are permitted to reopen so long as they comply with social distancing restrictions and other guidance issued by the governor’s office.
Pennsylvania State Department revises guidance for real estate industry
On April 28, the Pennsylvania Department of State issued revised guidance for real estate professionals, appraisers, notaries, title companies, and home inspectors in light of the Covid-19-related closures of non-essential businesses. The revised guidance limits in-person residential real estate activities to transactions related to existing homes under contract prior to March 18, 2020, new construction homes under a contract calling for closing or delivery on or after March 18, 2020, where a buyer can demonstrate that they had entered into an agreement for sale of their prior residence prior to March 18, 2020 or where a property subject to sale, home equity loan or home equity refinancing is located in certain regions of Pennsylvania.
Pennsylvania enacts law allowing for remote/virtual notarization
On April 20, Pennsylvania enacted legislation allowing for remote or virtual notarization for the duration of the Covid-19 emergency and for 60 days thereafter. The statute details the requirements for such notarizations, including that the notary must create and retain an audio-visual recording of the notarial act.